MATTER OF PENEPENT


198 A.D.2d 784 (1993)

605 N.Y.S.2d 987

In the Matter of Sophie I. Penepent, as Executrix of Francis Penepent, Deceased, for Dissolution of Penepent Corporation, Respondent. Richard S. Penepent, Appellant. (Appeal No. 13.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 19, 1993


Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court abused its discretion in granting petitioner's motion to increase the amount of security to be posted by respondent from $162,500 to $300,000. Absent a showing by petitioner of circumstances requiring an increase in the amount of security, it was an abuse of discretion to grant that motion (see, Congress Talcott Corp. v Pacemakers Trading Corp., ...

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